Finney Outdoor Advertising Co. v. Cordeiro

OPINION

SHEA, Justice.

The plaintiff, Finney Outdoor Advertising Co., Inc. (Finney), has appealed from a judgment entered in the Superior Court granting defendant, Ernest J. Cordeiro’s (Cordeiro) motion to dismiss under Rule 41(b)(2) of the Superior Court Rules of Civil Procedure for lack of prosecution. Finney contends that, notwithstanding the lack of prosecution for eleven years at the District Court level, the Superior Court trial justice abused his discretion in granting Cordeiro’s motion, thereby denying Finney its right to a trial. For the reasons hereinafter stated, we approve of the…